Task Order Protest as Breach at The ASBCA

May.28.2008

In L-3 Communications Corp., ASBCA No. 54920 (May 5, 2008, http://docs.law.gwu.edu/asbca/decision/pdf2008/54920.pdf), the Armed Services Board of Contract Appeals upheld the challenge to the award of a task order for the development and support of F-15 training devices under a breach of contract theory, finding that the cost evaluation approach used by the Air Force denied L-3 its contractual right to a "fair opportunity to be considered." The Board awarded L-3 its bid and proposal costs, but rejected the claim for lost profits and other damages, finding that L-3 had not proven that, but for the evaluation error, it would have been awarded the contract.